In summary, to be eligible for the E-2 Visa, the investor must be involved in a real and active company in the United States, capable of generating profits and contributing to the U.S. economy. The investor must demonstrate that he controls and manages the business, and that he has plans for its future development.

C. Control and direction of the enterprise.

To be eligible for the E-2 Visa, the investor must exercise significant control and be involved in the management of the company in the United States. This requirement ensures that the investor actively participates in the management of the company and contributes to its growth and development.

Majority shareholding: Ideally, the investor should own a majority stake in the company, which means owning more than 50% of the company's shares or shares. This majority stake allows the investor to exercise effective control over the company's decisions and policies.

Leadership role: If the investor does not hold a controlling interest, he must hold a key position within the company's management, such as chief executive officer, president or other high-level position. This management role should enable him to significantly influence the company's decisions and directions.

Active involvement: The investor must be actively involved in the day-to-day management of the company, participating in strategic and operational decision-making. Mere financial participation without active involvement in the management of the business is not enough to meet the requirements of the E-2.

Expertise and Competencies: The investor must possess the skills, expertise and experience necessary to assume responsibility for the direction and control of the company. It may be necessary to provide documented evidence of the investor's professional experience and training in the relevant field.

Management Plan: As part of the E-2 Visa application, the investor must submit a detailed management plan demonstrating how they intend to control and direct the business. This plan may include information about the organizational structure, roles and responsibilities of management team members, and the company's short- and long-term goals.

In summary, to be eligible for the E-2 Visa, the investor must demonstrate that he exercises significant control over the company and actively participates in its management. This may include holding a management position, actively participating in the day-to-day management of the business, or exercising substantial influence over company decisions.

D. Creating jobs for U.S. citizens.

Another important criterion for E-2 Visa eligibility is job creation for U.S. citizens and lawful permanent residents. This ensures that foreign investment has a positive impact on the U.S. economy and benefits local workers.

Direct Employment: The company must create a number of direct jobs for U.S. citizens and lawful permanent residents. There is no specific figure required, but the investor must demonstrate that the company has the capacity to hire local workers and contribute to job creation.

Indirect jobs: In addition to direct jobs, the company can also create indirect jobs by generating business opportunities for other local businesses, such as suppliers, service providers and subcontractors.

Hiring Plan: The investor should present a solid hiring plan that details the positions to be filled, the skills required, salaries and benefits, as well as recruitment and training strategies. The plan must demonstrate that the company is committed to hiring U.S. citizens and lawful permanent residents.

Long-term impact: The investor must demonstrate that the company will have a positive impact on the U.S. economy in the long term, including job creation, economic growth, and regional development.

In summary, to be eligible for the E-2 Visa, the investor must demonstrate that their investment in the U.S. company contributes to job creation for U.S. citizens and lawful permanent residents. This includes creating direct and indirect jobs, presenting a solid hiring plan, and committing to having a positive long-term economic impact.

E. Intention to leave the United States after visa expires.

One of the conditions of the E-2 Visa is that the investor must intend to leave the United States at the end of the validity period of the visa. This ensures that the investor complies with the terms of the visa and does not seek to establish permanent residence in the United States without following the proper procedures.

Temporary E-2 Visa: The E-2 Visa is a temporary visa that allows foreign investors to stay and work in the United States for a fixed period of time, typically two to five years, with the possibility of renewals. The investor must understand and accept the temporary nature of this visa.

Evidence of country of origin links: The investor must provide evidence of their ties to their home country, such as real estate, business, family obligations, or other commitments that indicate that they intend to return to their country after the visa expires.

Statement of Intent: The investor may also be asked to submit a written statement indicating their intention to leave the United States at the end of the visa validity period. This statement should describe the reasons why the investor wishes to return to his home country and the plans he envisages for the future.

Compliance with visa requirements: Finally, the investor must strictly adhere to the requirements of the E-2 Visa, including investment, business control, and job creation requirements. Failure to comply with these conditions may result in cancellation of the visa and prohibition to apply for renewal.

In summary, to be eligible for the E-2 Visa, the investor must demonstrate that he intends to leave the United States at the end of the validity period of the visa. This includes understanding the temporary nature of the visa, proof of ties to the country of origin, submitting a statement of intent, and strict adherence to visa requirements.

III. Visa E-2 Application Process.

A. Documentation requise

To apply for an E-2 Visa, investors must provide various documents to prove that they meet the eligibility requirements. Here are the main categories of documents required for an E-2 Visa application:

Proof of investment: Investors must provide documentation detailing the investment made or in progress, such as purchase agreements, invoices, bank statements, transfers of funds, and ownership documents.

Corporate documents: Investors must submit documents related to the business, such as certificate of incorporation, partnership agreement, articles of association, licenses and operating permits, and financial statements.

Business Plan: A comprehensive and detailed business plan is required to demonstrate business viability, short- and long-term goals, marketing and sales strategies, financial projections and projected job creation.

Evidence of Control and Direction: Investors must provide documentation showing that they exercise significant control over the company and are actively involved in its management, such as employment contracts, organizational charts, job descriptions and CVs

Evidence of Job Creation: Investors must provide documentation proving job creation for U.S. citizens and lawful permanent residents, such as employment contracts, pay slips, tax returns, and a hiring plan.

Country of origin links: Documents attesting to close ties to the investor's home country, such as property deeds, lease agreements, utility invoices and proof of family obligations, are also required.

Statement of Intent: If necessary, the investor must submit a written statement indicating their intention to leave the United States at the end of the visa validity period.

In summary, to apply for an E-2 Visa, investors must provide complete documentation to prove that they meet the eligibility requirements. This includes proof of investment, company documents, a business plan, evidence of control and direction of the company, evidence of job creation, links to the country of origin and, if necessary, a statement of intent.

B. Application Process Steps.

The process of applying for an E-2 Visa involves several important steps. Here is an overview of the main steps to follow to submit an E-2 Visa application:

Document Preparation: The first step is to gather and prepare all the necessary documents, as mentioned earlier. It is essential to ensure that all documents are complete, accurate and up-to-date.

Submitting Form DS-160: The investor must complete and submit Form DS-160 online, which is the nonimmigrant visa application. It is important to answer all questions accurately and honestly.

Payment of application fee: After submitting Form DS-160, the investor must pay the visa application fee, which varies depending on the country and visa type. The application fee for the E-2 Visa is typically $205 (USD).

Interview appointment: Once Form DS-160 is submitted and the application fee is paid, the investor must schedule an interview at the U.S. consulate or embassy in their home country

Interview preparation: Prior to the interview, the investor must gather all required documents, including proof of investment, corporate documents, business plan, evidence of control and direction, evidence of job creation, and ties to the home country.

Consular interview: During the interview, a consular officer will review the investor's application and documents, ask questions about the business and investment, and assess whether the investor meets the eligibility requirements for the Visa E-2.

Decision on application: After the interview, the consular officer will make a decision regarding the visa application. If the application is approved, the investor will receive a visa in their passport, which will allow them to travel to the United States.

Entry into the United States: Once the visa is granted, the investor can enter the United States and start working in his company. It is important to remember that the E-2 Visa is temporary and the investor must leave the United States at the end of the visa's validity period, unless they apply for and obtain a renewal.

In summary, the E-2 Visa application process consists of several steps, including document preparation, submission of Form DS-160, payment of application fees, scheduling interview appointments, interview preparation, consular interview, decision on application, and entry into the United States

C. Processing times and fees.

Processing times and fees for an E-2 Visa application may vary depending on several factors, such as the investor's home country, the consulate or embassy processing the application, and the complexity of the case. Here is an overview of the delays and fees typically associated with the E-2 Visa application process:

Application Fee: The E-2 visa application fee is typically $205 (USD) and must be paid upon submission of Form DS-160. This fee is non-refundable, even if the application is refused.

Additional fee: Depending on the investor's home country, additional fees, such as reciprocity fees, may apply. It is important to check the specific fees for your country with the relevant U.S. Embassy or Consulate.

Processing times: Processing times for E-2 Visa applications vary depending on the workload of the consulate or embassy processing the application, as well as the complexity of the case. In general, processing times can vary from a few weeks to several months. It is recommended that you begin the application process well in advance of your planned date of travel to the United States.

Time to make an appointment: Appointments for a consular interview may also vary depending on the availability of time slots at the consulate or embassy. It is advisable to schedule the appointment as soon as possible after submitting Form DS-160 and paying the application fee.

Interview deadlines: On the day of the interview, it is important to arrive on time at the consulate or embassy, as delays may result in postponements or cancellations. The interview itself can last from 15 minutes to an hour, depending on the complexity of the case and the questions asked by the consular officer.

Visa issuance deadlines: If the E-2 visa application is approved, the visa is usually issued within a few days to weeks, depending on the consulate or embassy. It is important to allow enough time to receive the visa before planning travel to the United States.

In summary, processing times and fees for an E-2 Visa application vary depending on various factors, such as the country of origin, consulate or embassy, and the complexity of the case. The application fee is typically $205 (USD), and processing times can vary from a few weeks to several months. It is important to allow sufficient time for the entire application process, including making appointments, interviewing and issuing the visa.

IV. Duration and renewal of the Visa E-2.

A. Initial duration of visa.

The initial duration of the E-2 Visa depends on the nationality of the investor and the reciprocal agreement between his home country and the United States. The initial duration of the visa can vary from a few months to five years. Here are some important points regarding the initial duration of the E-2 Visa:

Reciprocity Agreement: The duration of the visa is usually determined by a reciprocal agreement between the United States and the investor's home country. This agreement stipulates the maximum duration of the visa for each nationality. For example, French investors can obtain an E-2 Visa for an initial term of up to 60 months (5 years), while investors from other countries could be limited to a shorter initial term.

Admission period: Upon arrival in the United States, the investor is granted a period of admission by a border services officer, which generally corresponds to the initial duration of the visa. However, the agent may decide to limit the admission period based on various factors, such as proof of investment or business plans submitted.

Extensions and Renewals: The E-2 Visa may be extended or renewed indefinitely, as long as the investor continues to meet eligibility requirements and the business remains active and operational. Extensions and renewals are usually granted for periods similar to the initial duration of the visa, depending on the reciprocity agreement.

Passport validity period: It is important to note that the initial duration of the visa must not exceed the validity of the investor's passport. If the passport expires before the end of the maximum visa period, the investor will have to renew his passport and apply for a new admission period.

In summary, the initial duration of the E-2 Visa depends on the nationality of the investor and the reciprocal agreement between his home country and the United States. The initial duration can vary from a few months to five years. It is important to consider the initial visa duration, admission period, and the possibility of extensions or renewals when planning your business and stay in the United States.

B. Renewal process.

E-2 Visa renewal is essential to continue operating the business in the United States. The renewal process involves several important steps and must be carried out in accordance with requirements and deadlines. Here is an overview of the main steps in the renewal process:

Check Eligibility: Before applying for renewal, make sure that you continue to meet the eligibility criteria for the E-2 Visa, such as substantial investment, control and direction of the company, and job creation for U.S. citizens.

Prepare documentation: Gather the documents required for renewal, which may include evidence of ongoing investment, company financial statements, employment contracts, and tax returns. You will also need to complete and submit a new Form DS-160.

Pay application fee: As with the initial application, you will have to pay the visa application fee, currently set at $205 (USD). These fees are non-refundable, even if renewal is refused.

Schedule a consular interview: If you are abroad at the time of renewal, you will need to schedule a consular interview at the U.S. Embassy or Consulate in your home country. Timelines for getting an appointment can vary, so it's important to plan ahead.

Present documents and interview : During the interview, present the required documents and answer the consular officer's questions about your investment and your business. The officer will assess whether you continue to meet the eligibility requirements for the Visa E-2.

Wait for decision: After the interview, the consular officer will make a decision about renewing your visa. If your application is approved, your visa will be renewed for a further period depending on the reciprocal agreement between the United States and your home country.

In summary, the E-2 visa renewal process requires verifying eligibility, gathering the appropriate documents, paying the application fee, scheduling a consular interview, and waiting for the consular officer's decision. It is important to plan the renewal in advance and carefully prepare the required documentation to ensure a successful renewal.

C. Conditions for renewal.

E-2 Visa renewal requires meeting certain conditions to ensure the continuity of investment and operation of the business in the United States. Here are the main requirements for E-2 Visa renewal:

Substantial Investment Sustained: The investor must prove that he has maintained a substantial investment in the business throughout the initial visa period. Evidence of additional investments or reinvestments in the business may be required.

Real and active business: The business must continue to be real and active, i.e. generate revenue and conduct business activities in accordance with its original business plan. Documents such as financial statements, tax returns, and business contracts can be used to prove the company's activity.

Job Creation for U.S. Citizens: The investor must demonstrate that the company has created jobs for U.S. citizens or lawful permanent residents, in accordance with the original business plan. Employment contracts, payslips and records of employment can be used to prove job creation.

Control and direction of the enterprise: The investor must prove that he continues to exercise control and direction of the enterprise. This can be demonstrated by documents such as minutes of board meetings, management reports or statements of participation.

Intention to leave the United States after visa expires: The investor must continue to demonstrate their intention to leave the United States once the E-2 visa expires or the conditions are no longer met. This intention can be proven by family, social and economic ties with the country of origin.

Compliance with U.S. laws and regulations: The investor and his company must remain in compliance with all applicable laws and regulations in the United States, including tax, labor and environmental laws.

In summary, the conditions for the renewal of the E-2 Visa include maintaining substantial investment, pursuing real and active business activities, creating jobs for U.S. citizens, controlling and directing the company, intending to leave the U.S. after the visa expires, and compliance with U.S. laws and regulations. Meeting these requirements is essential to ensure a successful renewal of the E-2.

V. Family and employees holder of the Visa E-2.

A. Visas for family members.

E-2 Visa holders can also apply for visas for their eligible family members, allowing them to accompany the investor to the United States. Here is detailed visa information for family members of the E-2 Visa holder:

Spouses: The spouse of the E-2 Visa holder can apply for a derivative E-2 visa, which will allow them to accompany the investor to the United States. The spouse also has the right to apply for work authorization by submitting Form I-765 to USCIS once there.

Children: Unmarried children of the E-2 Visa holder who are under the age of 21 may also apply for a derivative E-2 visa to accompany the investor to the United States. Children can study in the United States without applying for a separate student visa, but they are not allowed to work.

Required documentation: Family members must provide documents proving their relationship to the E-2 Visa holder, such as marriage certificates or birth certificates. They must also complete Form DS-160 and pass a consular interview, as the primary visa holder.

Visa Duration: Derived visas for family members generally have the same duration as the E-2 Visa holder's primary visa. The renewal of derived visas must be carried out at the same time as the renewal of the main visa.

End of Eligibility: If the E-2 Visa holder loses visa status or if the children turn 21 or marry, family members lose their eligibility for the derivative E-2 visa and must apply for another type of visa or leave the United States.

In summary, E-2 Visa holders can apply for visas for their spouses and unmarried children under the age of 21, who may accompany them to the United States. Spouses have the right to work, while children can study without a separate student visa. The required documentation, visa duration and end-of-eligibility requirements must be taken into account for visas derived from family members.

B. Visas for Essential Employees.

E-2 Visa companies can also apply for E-2 visas for their essential employees, allowing them to work in the United States. Here is detailed visa information for essential employees of a company holding an E-2 Visa:

Employee Qualifications: To be eligible for an E-2 essential employer visa, the employee must be of the same nationality as the lead investor and have specialized skills essential to the proper functioning of the business. Specialist skills may include technical knowledge, management skills or specific professional qualifications.

Required documentation: The employer must provide documentation proving the need for the employee's skills and their essential role in the business. This may include job descriptions, employment contracts, training attestations, and proof of the employee's work experience.

Application Process: The essential employee must complete Form DS-160 and pass a consular interview to obtain the E-2 visa. The employer may also be required to provide additional documentation proving the employee's eligibility, such as letters of recommendation or certificates of qualification.

Visa Duration: E-2 visas for essential employees are generally valid for the same duration as the E-2 visa holder's primary visa. Visa renewals for essential employees must be completed at the same time as primary visa renewals.

Change of employer or position: If an essential employee changes employers or positions within the company, they must apply for a new work authorization from USCIS. The new employer or position must also meet the requirements of the E-2 visa in terms of specialized skills and essential role.

In summary, companies holding an E-2 Visa can apply for E-2 visas for their essential employees with specialized skills and essential to the smooth running of the business. Essential employees must be of the same nationality as the lead investor and meet the visa application, documentation and duration requirements. Employer or position changes within the company may require a new work authorization and meet visa requirements E-2.

Conclusion:

Summary of key points discussed.

E-2 Visa Definition: The E-2 Visa is a non-immigrant visa granted to foreign investors and their essential employees to work in the United States by investing in a U.S. company.

Objectives and Benefits: The E-2 Visa allows foreign investors to develop and manage their business in the United States, obtain visas for their family members and essential employees, and enjoy a renewable period of stay.

Eligible Countries: Nationals of countries that have an investment treaty with the United States are eligible for the Visa E-2.

Eligibility criteria: Investors must make a substantial investment in a real and active business, exercise control and direction over the business, create jobs for U.S. citizens, and intend to leave the U.S. after the visa expires.

Application Process: Applicants must provide appropriate documentation, follow the steps of the application process, and pay the processing fee to obtain an Visa E-2.

Term and renewal: The E-2 Visa is initially granted for up to 5 years and can be renewed indefinitely, as long as the conditions for renewal are met.

Family Members: E-2 Visa holders may apply for derivative visas for their spouses and unmarried children under the age of 21, allowing them to accompany them to the United States.

Visas for Essential Employees: Companies holding an E-2 Visa may apply for E-2 visas for their essential employees with specialized skills that are essential to the proper functioning of the business.

In summary, the E-2 Visa offers many opportunities for foreign investors and their families, as well as employees essential to work and live in the United States. Applicants must meet the eligibility criteria, follow the application process and meet the requirements for the duration and renewal of the visa.

Learn more and consult an immigration expert for assistance in applying for an Visa E-2.

The E-2 Visa application process can be complex and involve many legal, financial, and administrative aspects. Understanding the requirements and eligibility criteria is essential to maximize the chances of obtaining this visa. Therefore, we encourage readers to further research the E-2 Visa by consulting reliable and up-to-date resources, such as U.S. government websites, trade publications, and online discussion forums.

In addition, it is highly recommended that you consult with an immigration expert, such as a lawyer or advisor specializing in investor visas, for personalized assistance throughout the process. An immigration expert will be able to guide you in preparing the necessary documents, help you develop an investment strategy that complies with E-2 Visa requirements, and represent you during the consular procedure.

Consulting an immigration expert has several advantages:

In-depth knowledge: Immigration experts are familiar with the laws, regulations, and procedures related to the E-2 Visa. They can provide you with accurate and up-to-date information on eligibility criteria and possible changes in immigration policies.

Time Saving: Preparing an E-2 Visa application can be time-consuming and tedious. An immigration expert can help you organize and submit your application efficiently, avoiding errors and potential delays.

Personal advice: Each investment situation is unique, and an immigration expert can offer you personalized advice based on your specific needs, investor profile and business project.

Consular representation: An immigration expert can represent you during consular interviews and facilitate communications with immigration authorities, ensuring that your application is processed quickly and successfully.

In short, it is crucial to learn more about the E-2 Visa and consult an immigration expert for personalized and professional assistance in your visa application process. By calling on an expert, you will maximize your chances of obtaining this visa and carrying out your investment project in the United States.